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HB26-1218 • 2026

Clarifying Validity of Common Law Marriage

Senate Bill 25-014, enacted in 2025, repealed a provision of law that stated certain marriage formality requirements do not invalidate an otherwise valid common law marriage. The act restores that pro

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Rep. C. Espenoza, Rep. S. Luck, Sen. M. Ball, Sen. M. Catlin, Rep. B. Bradley, Rep. M. Carter, Sen. J. Coleman
Last action
2026-05-05
Official status
Governor Signed
Effective date
Not listed

Plain English Breakdown

The definition of 'Common Law Marriage' was adjusted slightly because the provided text only confirms that formalities do not invalidate such marriages, without listing all specific requirements needed to form one.

Restoring Rules for Common Law Marriage Validity

This bill restores a rule stating that formal marriage requirements do not cancel out an otherwise valid common law marriage.

What This Bill Does

  • Recreates and reenacts Section (3) of Colorado Revised Statutes 14-2-104 with amendments.
  • States that formal marriage rules do not invalidate a common law marriage entered into before September 1, 2006.
  • States that formal marriage rules do not invalidate a common law marriage entered into on or after September 1, 2006 if it complies with Section 14-2-109.5.
  • Undoes the repeal of this provision made by Senate Bill 25-014 in 2025.

Who It Names or Affects

  • People who entered into a common law marriage before September 1, 2006
  • People who enter into a common law marriage on or after September 1, 2006 and comply with Section 14-2-109.5

Terms To Know

Common Law Marriage
A legally recognized marriage that is valid even if formal requirements are not met, provided specific conditions exist.
Repeal
The act of officially canceling or removing a law that was previously in effect.

Limits and Unknowns

  • The official source material does not list the specific requirements found in Section 14-2-109.5.
  • The official source material does not provide an effective date for when this law begins to apply.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

L.001

Second Reading

Passed [**]

Plain English: This amendment adds a special legal statement to the bill that claims it is urgently needed for public safety, which allows lawmakers to pass and enforce the law faster.

  • It replaces existing text on page 2 with new language called a 'safety clause'.
  • The new text states that the Colorado General Assembly believes this act is necessary right now to protect public peace, health, or safety.
  • The amendment only changes how quickly the bill can become law; it does not explain what rules about common law marriage are actually being restored.
  • Because the text of this specific amendment is very short and technical, we cannot describe the full details of the marriage laws from just this document.

Bill History

  1. 2026-05-05 Governor

    Governor Signed

  2. 2026-05-01 Governor

    Sent to the Governor

  3. 2026-05-01 Senate

    Signed by the President of the Senate

  4. 2026-05-01 House

    Signed by the Speaker of the House

  5. 2026-04-07 Senate

    Senate Third Reading Passed - No Amendments

  6. 2026-04-06 Senate

    Senate Second Reading Laid Over to 04/02/2026 - No Amendments

  7. 2026-04-06 Senate

    Senate Second Reading Passed - No Amendments

  8. 2026-03-31 Senate

    Senate Committee on State, Veterans, & Military Affairs Refer Unamended - Consent Calendar to Senate Committee of the Whole

  9. 2026-03-12 Senate

    Introduced In Senate - Assigned to State, Veterans, & Military Affairs

  10. 2026-03-09 House

    House Third Reading Passed - No Amendments

  11. 2026-03-06 House

    House Second Reading Special Order - Passed with Amendments - Floor

  12. 2026-03-05 House

    House Committee on State, Civic, Military, & Veterans Affairs Refer Unamended to House Committee of the Whole

  13. 2026-02-17 House

    Introduced In House - Assigned to State, Civic, Military, & Veterans Affairs

Official Summary Text

Senate Bill 25-014, enacted in 2025, repealed a provision of law that stated certain marriage formality requirements do not invalidate an otherwise valid common law marriage. The act restores that provision to clarify the validity of common law marriage.
(Note: This summary applies to this bill as enacted.)

Current Bill Text

Read the full stored bill text 
HOUSE BILL 26-1218
BY REPRESENTATIVE(S) Espenoza and Luck, Bradley, Carter;
also SENATOR(S) Catlin and Ball, Coleman.
CONCERNING CLARIFYING THE VALIDITY OF COMMON LAW MARRIAGE BY
RESTORING A PREVIOUSLY REPEALED PROVISION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 14-2-104, recreate and
reenact, with amendments, (3) as follows:
14-2-104. Formalities.
(3) THIS SECTION DOES NOT REPEAL OR INV ALIDA TE ANY OTHERWISE
VALID COMMON LAW MARRIAGE:
(a) ENTERED INTO PRIOR TO SEPTEMBER 1, 2006; OR
(b) ENTERED INTO ON OR AFTER SEPTEMBER 1, 2006, AND COMPLIES
WITH SECTION 14-2-109.5.
SECTION 2. Safety clause. The general assembly finds,
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletionsji·om existing law and such material is not part of
the act.
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
the support and maintenance of the departments of the state and state
ins ti tu ti ons.
Ju~
SPEAKER OF THE HOUSE
OF REPRESENTATIVES
Vanessa Reilly
CHIEF CLERK OF THE HOUSE
OF REPRESENTATIVES
PAGE 2-HOUSE BILL 26-1218
James Rashad Coleman, Sr.
PRESIDENT OF
THE SENATE
-
~
Esther van Mourik
SECRETARY OF
THE SENATE